section 194I - Page 5

TDS under Income-tax Act, 1961 on service tax

It is clarified that the service tax component comprised in the amount payable to a resident is indicated separately, tax shall be deducted at source under Chapter XVJI-B of the Act on the amount paid/payable without including such service tax component....

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TDS U/s. 194C applies on Bus rent paid by assessee school to transporter for carrying students

ACIT (TDS) Vs Delhi Public School (ITAT Delhi)

A careful consideration of the assessment order would reveal that AO while holding that assessee is liable for deduction of tax at source under the provisions of sec. 1941 of the Act has mainly rested his case on the ground that is the rent as defined in explanation u/s 1941 and the assessee has paid rent in respect of buses utilized by h...

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Lease premium for allotment of a plot of land do not attract provision of section 194-I

The ITO (TDS) Vs M/s. Wadhwa & Associates Realtors Pvt. Ltd. (ITAT Mumbai)

The entire grievance revolves around the premium paid by the assessee to M/s. MMRDA Ltd. for the leasehold rights acquired by the assessee through the lease deed dt. 22nd November, 2004. It is the say of the Revenue that this lease premium was liable for deduction of tax at source failing ...

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TDS liability U/s. 194I do not arise in absence of existence of landlord-tenant relationship

Assistant C.I.T. Vs Serco BPO Pvt. Ltd. (ITAT Delhi)

The revenue have not placed any material suggesting that the assessee had any interest either as a lessee or sub-lessee or a tenant in any of the aforesaid 13 premises. The fact that the assessee was allowed use of premises by IISPL in terms of agreement dated 1-12-2008, cannot lead to the conclusion that the assessee had any interest as ...

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TDS is applicable U/s. 194C on Warehousing charges paid to clearing and forwarding agents & Not U/s. 194I

Commissioner of Income-tax Vs Hindustan Lever Ltd. (Delhi High Court)

CIT(Appeals) and the ITAT had the benefit of examining the entire documentary evidence which consisted of the various lease deeds and the c & f agents agreements. The conclusions drawn by these authorities on the basis of such scrutiny are concurrent. Even otherwise, if the revenue was of the opinion that any consideration paid to the c &...

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Expense cannot be disallowed for Mistakes in form 15G

Pareek Electricals Vs Assistant Commissioner of Income-tax (ITAT Cuttack)

With respect to the deduction u/s.194-I,the learned Counsel for the assessee has submitted that the land lady being a senior citizen has submitted Form 15G to the assessee declaring that no tax should be deducted on the rent paid to her when the taxable limit for taxation in her hand was to be Rs. 1,95,000. ...

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Charges for Seconding entitlement rights of assured supply of railway rakes is not rent u/s. 194I

Bonai Industrial Co. Ltd. Vs Deputy Commissioner of Income-tax (ITAT Cuttack)

The learned CIT(A) has tried to give a meaning to the definition as given in the Statute u/s. 194-I vis-à-vis the agreement for wagons investment scheme as has been perused in his order. Having reproduced the agreement and the definition of rent, he has not been to correlate the same for the simple reason that rent or arrangement has to ...

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TDS U/s.194I not applicable on parking & landing charges paid by airlines

Commissioner of Income-tax Vs Singapore Airlines Ltd. (Madras High Court)

Given the definition of 'lease or tenancy' and the definition of 'rent' as appearing in Section 194 I Explanation, unless the payment is with reference to the use of any specified land or a building, payment made for availing of the services as in the nature landing or parking, as available in the present case before us, cannot be constru...

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TDS on transport charges deductible u/s. 194C not 194I

Asstt. Commissioner of Income Tax(TDS), Vs M/s Idea Cellular Limited (ITAT Delhi)

U/s 194-I, Income Tax is required to be deducted at source at the time of payment of any income by way of rent @' 10% for the use of any machinery or plant or equipment. U/s 194C, tax is required to be deducted @' 2% for carrying out any work which, inter alia, includes carriage of goods and passengers by any mode of transport other than ...

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Rent reimbursement not liable for TDS u/s. 194I

Assistant Commissioner of Income-tax Vs Result Services (P.) Ltd. (ITAT Delhi)

ACIT v. Result Services (P.) Ltd. - The assessee is paying rent to the holding company as reimbursement since last many years. This position has been accepted by the department all through and it has been never disputed even when provisions for TDS were on statute since 1994. Section 194-I of the Income-tax Act, 1961 was inserted in Act w...

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